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(영문) 대전고등법원 2018.06.01 2017재나52
매매대금
Text

1. Among the lawsuits for review of this case, the part of the appeal on the second and third review of this case and the judgment on the first review of this case.

Reasons

1. Reasons for the request for retrial of this case

A. On July 23, 2001, the plaintiff filed a lawsuit against the defendant (representative AD at that time) seeking the refund of the purchase price under the Daejeon District Court 2001Gahap5771, but was dismissed on April 25, 2002. The plaintiff appealed by Daejeon High Court 2002Na3769 but dismissed on March 5, 2003. The plaintiff again appealed by Supreme Court 2003Da187466, but was dismissed on June 13, 2003.

B. After the final and conclusive judgment on July 7, 2009, on the ground that there were grounds for retrial under Article 451(1)3 and 5 of the Civil Procedure Act, the Plaintiff filed a petition for retrial against the Defendant (the representative AP at that time) under the Daejeon High Court Decision 2009Na40 regarding the judgment on the first retrial. On March 11, 2010, the Plaintiff succeeded to the Plaintiff’s claim for the payment of the purchase-price from the Plaintiff among the above lawsuit for retrial, and the Daejeon High Court dismissed the Plaintiff’s application for participation in the Plaintiff’s succession on May 13, 2010, and rendered a judgment dismissing the Plaintiff’s request for retrial.

Accordingly, the Plaintiff and the Plaintiff’s succeeding intervenor appealed to the Supreme Court Decision 2010Da45937, but the judgment dismissing the appeal was rendered on August 26, 2010.

C. On January 30, 2012, on the ground that there were grounds for retrial under Article 451(1)3, 5, 6, and 9 of the Civil Procedure Act, the Plaintiff and the Plaintiff’s succeeding intervenor filed a petition for retrial against the Defendant (P at the time of representative) under the Daejeon High Court Decision 2012Na57. On December 27, 2012, the Daejeon High Court dismissed the Plaintiff’s succeeding intervenor’s application for intervention in the first retrial, and the Daejeon High Court dismissed all of the grounds for retrial under Article 451(1)5, 6, and 9 of the Civil Procedure Act among the Plaintiff’s lawsuit for retrial, and rendered a judgment dismissing the petition for retrial as to the grounds for retrial under Article 451(1)3 of the Civil Procedure Act.

Accordingly, the plaintiff and the plaintiff.

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